Appeal of conviction — careless driving — definition of "road" — Land Transport Act 1998 ss 2 & 37(1) — Transport Act 1962 — Puna v Police [2016] NZHC 1863 — McBreen v Ministry of Transport [1985] 2 NZLR 495. The defendant appealed a conviction by a Community Magistrate of careless driving on the basis that the driving did not take place on a "road", as legally understood in the Land Transport Act. The defendant was driving on a private driveway he shares with another resident. The driveway was not serviced or administered by the local Council. Section 37(1) of the Land Transport Act provides the offence must take place on a road and s 2 defines what constitutes a road. The Judge considered prior case law and found that to constitute a "road" under s 37(1), the factual question is whether the public has access either continually or from time to time, without asking permission. The mere fact people are capable of access is not enough. The Judge relied on Puna v Police which involved a private driveway and found the reasoning remained the same for a private driveway shared by two residents. As this driveway was private and not open to public access, neither continually nor even from time to time, the Judge held that the driveway was not a "road" for the purposes of the charge and, therefore, granted the appeal. The conviction was quashed, along with the fine and Court costs imposed. Judgment Date: 29 April 2019.